asylum for kids

[JOJOJO22 2]

First off  I don't know where to post my questions, so f anybody can please direct me I want to know about the asylum rules.

 

So, I am from Romania-let's say the war in Ukraine  extends to Romania, my brother and his wife are both military so they cannot leave the country. Their son is minor.

 

I live in USA(naturalized citizen).

 

Can I apply for his brother'son asylum if he is trying to escape war?

How complicated is this process? How long does it take?

 

He could travel here with my mom who currently has a travel visa.

 

Thanks!

[Boiler 45,659]

Romania is a NATO member, if it gets to that point this would be the least of your concerns.

 

Those fleeing wars are refugees btw.

[Crazy Cat 41,980]

1 hour ago, JOJOJO22 said:

He could travel here with my mom who currently has a travel visa.

Not without a valid travel document.

[Verrou 1,962]

you can only apply asylum while the person is in USA, agree with @Crazy Cat the son will need travel document 

 

applying asylum is not that complicated but definitely need a lawyer, and the processing /waiting time is very long 

[JOJOJO22 2]

what do you mean by travel document? He has a passport and he is applying for a travelor' s visa.

 

 

Are you saying that refugees cannot come to USA without a traveler's visa? (in the situation a NATO country like Romania is dragged into the war)? thanks

24 minutes ago, Misscloud said:

you can only apply asylum while the person is in USA, agree with @Crazy Cat the son will need travel document 

 

applying asylum is not that complicated but definitely need a lawyer, and the processing /waiting time is very long 

why do you need a lawyer if it's not complicated?

 

what are the average waiting times?

[JOJOJO22 2]

1 hour ago, Boiler said:

Romania is a NATO member, if it gets to that point this would be the least of your concerns.

 

Those fleeing wars are refugees btw.

Are they? Right now Ukrainains are not getting asylum in USA-from what I hear. I know they are not a NATO country. 

My nephew has nobody to care for him since his parents are both military and cannot leave Romania in times of war. 

Is there some kind of paperwork my brother can do at a notary in order for him to be in my legal care in case something happens to his parents or if they cannot see each other for how long the war lasts. 

 

I know we are not there but better safe than sorry, Thanks

[JOJOJO22 2]

1 hour ago, Boiler said:

Romania is a NATO member, if it gets to that point this would be the least of your concerns.

 

Those fleeing wars are refugees btw.

I don't know if that would be "the least of my concerns." It seems to me a huge concern. Fleeing here in USA from Ukraine doesn't seem possible without a visa right now...am I wrong?

[Boiler 45,659]

You said the child is in Romania, a NATO country

 

I do not know how she would get custody, ask a local lawyer

 

Can certainly apply for a B to visit.

[Verrou 1,962]

16 minutes ago, JOJOJO22 said:

what do you mean by travel document? He has a passport and he is applying for a travelor' s visa.

 

 

Are you saying that refugees cannot come to USA without a traveler's visa? (in the situation a NATO country like Romania is dragged into the war)? thanks

why do you need a lawyer if it's not complicated?

 

what are the average waiting times?

i applied for asylum in 2018, based on suggestion and research, asylum is not DIY. statistic said the approval rate for asylum is not that high ( depend on case by case ) . so i hired a lawyer. 

 

there's no "average" waiting time for asylum. its not like family or employement based

let's put it this way, ive been waiting for the master hearing  in front of judge and until now nothing

 

i know few people who also applied asylum from 2016, still no news ( this is again case by case, i cant generalize every asylum case) 

Edited March 8, 2022 by Misscloud

[JOJOJO22 2]

3 minutes ago, Boiler said:

You said the child is in Romania, a NATO country

 

I do not know how she would get custody, ask a local lawyer

 

Can certainly apply for a B to visit.

yes, he is currently in Romania. I told them to apply for a visitor visa. Is that the B visa? 

[Crazy Cat 41,980]

[millefleur 5,047]

37 minutes ago, JOJOJO22 said:

yes, he is currently in Romania. I told them to apply for a visitor visa. Is that the B visa? 

Yes, a B visa is a visitor visa.

 

Apply for a B visa. Even Ukrainians right now are not allowed to enter the US without some kind of visa. So, it would probably be the same for any other country in this situation. There has been no special asylum or refugee corridor to the US set up for Ukrainians. Neighboring European countries have been expected to take on those currently fleeing. For those who have family in the US, they're able to petition under humanitarian parole but it still has to be arranged prior:

https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

 

50 minutes ago, JOJOJO22 said:

Is there some kind of paperwork my brother can do at a notary in order for him to be in my legal care in case something happens to his parents or if they cannot see each other for how long the war lasts. 

You need to talk to a family law lawyer in the US about this. This would be a domestic law issue inside the US. It may also involve your family in Romanian giving you the right of custody in that event, which would be a Romanian law thing and you'd need a local lawyer there to handle it.

 

2 hours ago, Boiler said:

Romania is a NATO member, if it gets to that point this would be the least of your concerns.

I think Boiler's point is that we'd be steps away from real nuclear war if Russia invaded a NATO country, so worrying about visas and getting people from one country to another would not be of the biggest concern when all human life on the planet is at stake. The nuclear deterrence threat is kind of the entire reason of being a NATO member after all.

[JOJOJO22 2]

53 minutes ago, millefleur said:

Yes, a B visa is a visitor visa.

 

Apply for a B visa. Even Ukrainians right now are not allowed to enter the US without some kind of visa. So, it would probably be the same for any other country in this situation. There has been no special asylum or refugee corridor to the US set up for Ukrainians. Neighboring European countries have been expected to take on those currently fleeing. For those who have family in the US, they're able to petition under humanitarian parole but it still has to be arranged prior:

https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

 

You need to talk to a family law lawyer in the US about this. This would be a domestic law issue inside the US. It may also involve your family in Romanian giving you the right of custody in that event, which would be a Romanian law thing and you'd need a local lawyer there to handle it.

 

I think Boiler's point is that we'd be steps away from real nuclear war if Russia invaded a NATO country, so worrying about visas and getting people from one country to another would not be of the biggest concern when all human life on the planet is at stake. The nuclear deterrence threat is kind of the entire reason of being a NATO member after all.

maybe. 

[JOJOJO22 2]

Just now, JOJOJO22 said:

maybe. 

thanks for the sharing with me your insight, I ll look into all that. 

[JOJOJO22 2]

5 minutes ago, JOJOJO22 said:

maybe, nukes can kill a LOT of people-like in Hiroshima and Nagasaki-if you use enough of them yes you can kill the whole planet probably, but I think you can do plenty of damage with just a few. Just like you , I hope their only plan is to use it as "scare of worse" tactic, but that remains to be seen. I don't think a war in Romania is 100% out of question and it doesn't have to be nuclear just because NATO would fight Russia..This is just an opinion.I am not expert by any means.  Who knows...I try to stay hopeful rather than fearful:)